Ms C McMahon v Unite The Union

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000061/2023 5 Held in Glasgow on 21, 23, 25 and 28 August 2023 & 15 September 2023 (Members’ Meeting). Employment Judge: M Kearns Members: Ms P McColl 10 Mr J Gallacher Ms C McMahon Claimant In Person 15 Unite the Union Respondent Represented by: Mr G Bathgate - Solicitor

20 JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous judgment of the Employment Tribunal was to dismiss the claim.

REASONS

1. The claimant - who is aged 60 years - is a member of the respondent union. On 15 February 2023, having complied with the early conciliation 25 requirements, she presented an application to the Employment Tribunal in which she claimed disability discrimination by breach of a duty to make reasonable adjustments. The claimant is a disabled person as defined in section 6 Equality Act 2010 (“EqA”...

2. The respondent resists the claim. It argues that no such duty to make 15 reasonable adjustments was engaged. Its case is that the PCP of contacting the union prior to commencing proceedings and using a panel firm did not put the claimant at a substantial disadvantage in comparison with persons not having her disability; and that, in the event that the Tribunal is against it on that point and...